Monday evening, September 21, 2009. Regular Meeting of the City Council held in the Council Chambers, City Hall.~ Meeting called to order by President Janssens at 7:30 o’clock p.m.
Roll call taken – Ten members present, one absent (Councillor Robinson).
The Opening Prayer was recited in unison.
The Pledge of Allegiance was recited in unison.
ACCEPTANCE OF MINUTES
On a motion by Councillor J. Cormier, seconded by Councillor Anderson, it was voted (Councillor Robinson absent) to accept the Minutes of Regular Meeting of September 8, 2009, as written.
PUBLIC HEARING
#8236
At 7:31 P.M., President Janssens opened the Public Hearing on Petition of Massachusetts Electric Company of Worcester, Massachusetts for Electric Cable and Conduit System, to the City of Gardner, as follows:
Respectfully represents Massachusetts Electric Company of Worcester, Massachusetts that it desires to construct a line of underground electric conduits, including the necessary sustaining and protecting fixtures, under and across the public way or ways hereinafter named.
Wherefore it prays that after due notice and hearing as provided by law, it may be granted permission to excavate the public highways and to run and maintain underground electric conduits, together with such sustaining and protecting fixtures as it may find necessary for the transmission of electricity, said underground conduits to be located substantially in accordance with the plan filed herewith marked…C:6057…
The following are public ways or parts of ways under which the underground electric conduits above referred to may be laid:
Description: Kelton Street: Install 275 feet of duct bank on Kelton Street beginning at P-6 approximately 1120 feet north of the centerline of the intersection of Green Street and continuing approximately 275 feet in a northerly direction to P-8.
SPEAKING IN FAVOR: David Bremner, National Grid (MECO)
SPEAKING AGAINST: None.
President Janssens declared the Public Hearing closed at 7:32 P.M.
On a motion by Councillor R. Cormier, seconded by Councillor Ares, the foregoing Order was adopted on a voice vote (Councillor Robinson absent).
APPOINTMENT FROM THE MAYOR
#8237
On a motion by Councillor Anderson, seconded by Councillor J. Cormier, it was voted (Councillor Robinson absent) to confirm the following appointment received from the Mayor:
DON DESMARAIS as Plumbing Inspector for term expiring 9/21/2012.
ORDERS BEFORE THE CITY COUNCIL
#8243
It was moved by Councillor R. Cormier, seconded by Councillor Dembrosky, on unanimous recommendation of the Finance Committee, to pass the following order:
AN ORDER TRANSFERRING A SUM OF MONEY FROM CITY CLERK, DEPARTMENT HEAD SALARY & WAGES TO CITY TREASURER, DEPARTMENT HEAD SALARY & WAGES.
ORDERED:
That there be and is hereby transferred the sum of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500.00) from City Clerk, Department Head Salary & Wages to City Treasurer, Department Head Salary & Wages.
On roll call vote, ten (10) yeas, one (1) absent (Councillor Robinson), the order was adopted.
Presented to Mayor for approval September 22, 2009
Approved September 22, 2009
MARK P. HAWKE, Mayor
#8244
It was moved by Councillor R. Cormier, seconded by Councillor Minns, on recommendation by a majority of the Finance Committee (Councillor Dembrosky dissenting), to pass the following order:
AN ORDER TRANSFERRING A SUM OF MONEY FROM COMMUNITY DEVELOPMENT ENCUMBERED PARKER’S POND RESTORATION TO MAYOR’S UNCLASSIFIED, LAND ACQUISITION.
ORDERED:
That there be and is hereby transferred the sum of TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) from Community Development, Encumbered Parker’s Pond Restoration to Mayor’s Unclassified, Land Acquisition.
On roll call vote, nine (9) yeas, one (1) nay (Councillor Dembrosky), one (1) absent (Councillor Robinson), the order was adopted.
Presented to Mayor for approval September 22, 2009
Approved September 22, 2009
MARK P. HAWKE, Mayor
#8245
It was moved by Councillor R. Cormier, seconded by Councillor Dembrosky, on unanimous recommendation of the Finance Committee, to pass the following order:
AN ORDER TRANSFERRING A SUM OF MONEY FROM MAYOR’S UNCLASSIFIED, TERMINATION LEAVE RESERVE TO CITY AUDITOR, TERMINATION LEAVE.
ORDERED:
That there be and is hereby transferred the sum of TWO THOUSAND ONE HUNDRED DOLLARS AND NO CENTS ($2,100.00) from Mayor’s Unclassified, Termination Leave Reserve to City Auditor, Termination Leave.
On roll call vote, ten (10) yeas, one (1) absent (Councillor Robinson), the order was adopted.
Presented to Mayor for approval September 22, 2009
Approved September 22, 2009
MARK P. HAWKE, Mayor
ORDINANCES BEFORE THE CITY COUNCIL
#8166
Veto of Amendment to Traffic Ordinance – No Parking - Chestnut Street
[On August 4, 2009, the Ordinance was laid before the Mayor for his approval. On August 10, 2009 at 11:39 A.M., the Ordinance was returned by the Mayor with his objections]. On September 8, 2009, the Council adopted a motion postponing action until September 21, 2009.
Councillor Jaillet moved, seconded by Councillor Anderson, to override the Mayor’s veto of the following:
AN ORDINANCE AMENDING RULES, ORDERS AND ORDINANCES FOR THE REGULATION OF TRAFFIC FOR THE CITY OF GARDNER, MASSACHUSETTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
That “Rules, Orders and Ordinances for the Regulation of Traffic for the City of Gardner, Massachusetts” (Compilation of Ordinances No. 48) and amended several times thereafter be further amended by adding to ARTICLE VI, SECTION 2 (NO PARKING) the following:
CHESTNUT STREET both sides from Walnut Street to Cross Street
East side from Cross Street to Logan Street
and further amended by striking out from ARTICLE VI, SECTION 2 (ONE HOUR PARKING) the following:
CHESTNUT STREET in its entirety
By a show of hands, seven (7) voting in favor (Councillors Anderson, Boudreau, J. Cormier, Dembrosky, Graves, Jaillet and President Janssens), three (3) voting in opposition (Councillors Ares, R. Cormier, and Minns), one (1) absent (Councillor Robinson) the motion to override the Mayor’s veto failed for lack of two-thirds of the entire Council voting in the affirmative.
#8204
There being no objections, more time was granted on Amending Zoning Ordinance – Scientific or Research Laboratory Uses – First Printing, September 15, 2009 (10-day period from First Printing not having elapsed, the matter may not be taken up until next meeting).
#8230
On a motion by Councillor Jaillet, seconded by Councillor Anderson, it was voted on a voice vote (Councillor Robinson absent) to send the following Ordinance to Second and Final Printing:
AN ORDINANCE AMENDING RULES, ORDERS AND ORDINANCES FOR THE REGULATION OF TRAFFIC FOR THE CITY OF GARDNER, MASSACHUSETTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
That “Rules, Orders and Ordinances for the Regulation of Traffic for the City of Gardner, Massachusetts” (Compilation of Ordinances No. 48) and amended several times thereafter be further amended striking out from Article V, Section 5 (Parking Meters) the following:
Main Street:~East side, 63 feet~north of pole 8, then northerly to West Lynde Street
Main Street: West side, 126 feet south from City Hall Avenue, then southerly to 151 Main Street (present meter #187)
and adding to Article V, Section 5 (PARKING METERS) the following:
Main Street: East side, from a point 60 feet north of the northerly intersection of Willow Street, then northerly to West Lynde Street.
Main Street: West side, 126 feet south from the intersection of City Hall Avenue, then southerly to a point 20 feet north of the northerly intersection of Willow Street.
In City Council – September 8, 2009
Ordered Printed – September 8, 2009
First Printing – September 11, 2009
Ordinance Passed – September 21, 2009
Presented to Mayor for Approval – September 22, 2009
Approved – September 22, 2009
MARK P. HAWKE, Mayor
#8239
On a motion by Councillor R. Cormier, seconded by Councillor Dembrosky, it was voted on a voice vote (Councillor Robinson absent) to send the following Ordinance to Second and Final Printing:
AN ORDINANCE RELATING TO THE CLASSIFICATION AND COMPENSATION OF OFFICERS, EMPLOYEES AND PERSONNEL OF THE POLICE AND FIRE DEPARTMENTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
That “An Ordinance relating to the Classification and Compensation of Officers, Employees and Personnel of the Police and Fire Departments (Compilation of Ordinances No. 41) and amended several times thereafter be further amended by striking from SECTION VA – DEPARTMENT HEADS, the following:
POSITION
01/01/08
City Clerk/Tax Collector 65,000.00
And inserting in place thereof the following:
POSITION
07/01/2009 01/01/2010 07/01/2010
City Clerk 55,000.00 57,500.00 60,000.00
In City Council – September 8, 2009
Ordered Printed – September 8, 2009
First Printing – September 11, 2009
Ordinance Passed – September 21, 2009
The foregoing was laid before the Mayor on the 22nd day of September, 2009, and after ten days it had the “force of the law” as prescribed under Section 30 of the Charter of the City of Gardner, as it was not returned with objections within that time.
#8240
On a motion by Councillor R. Cormier, seconded by Councillor Dembrosky, it was voted on a voice vote (Councillor Robinson absent) to send the following Ordinance to Second and Final Printing:
AN ORDINANCE RELATING TO THE CLASSIFICATION AND COMPENSATION OF OFFICERS, EMPLOYEES, AND PERSONNEL OF THE POLICE AND FIRE DEPARTMENTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
That “An ordinance relating to the Classification and Compensation of Officers, Employees and Personnel of the Police and Fire Departments (Compilation of Ordinances No. 41) and amended several times thereafter be further amended by striking from SECTION VA – DEPARTMENT HEADS, the following:
SECTION VA - DEPARTMENT HEADS
POSITION
01/01/2008
City Treasurer $65,000.00
And inserting in place thereof the following:
POSITION
07/01/2009
City Collector/Treasurer $72,500.00
In City Council – September 8, 2009
Ordered Printed – September 8, 2009
First Printing – September 11, 2009
Ordinance Passed – September 21, 2009
The foregoing was laid before the Mayor on the 22nd day of September, 2009, and after ten days it had the “force of the law” as prescribed under Section 30 of the Charter of the City of Gardner, as it was not returned with objections within that time.
#8241
There being no objections, the City Solicitor was granted more time to render a Legal opinion on Amending License, Permit and Other Fees, Ordinance No. 94 – ZBA Fees – Ordered to First Printing on September 11, 2009.
#8242
On a motion by Councillor Jaillet, seconded by Councillor Ares, it was voted on a voice vote (Councillor Robinson absent) to send the following Ordinance to Second and Final Printing:
AN ORDINANCE AMENDING RULES, ORDERS AND ORDINANCES FOR THE REGULATION OF TRAFFIC FOR THE CITY OF GARDNER, MASSACHUSETTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
That “Rules, Orders and Ordinances for the Regulation of Traffic for the City of Gardner, Massachusetts” (Compilation of Ordinances No. 48) and amended several times thereafter be further amended by inserting under Article V, Section 5 (Parking Meters), the following:
Central Street: south side from a point 104 feet east of the eastern intersection of Pine Street, then easterly a distance of 80 feet (four spaces).
And further amended by inserting under Article VI, Section 2 (No Parking), the following:
Central Street:~ south side, from the eastern intersection of Pine Street, then easterly a distance of 50 feet.
South side, from a point 184 feet~ east of the intersection of Pine Street then easterly to the western intersection of Maple Street
Allen Street: north side from the westerly intersection of Stuart Street, then westerly a distance of 150 feet.
Cross Street: north side, from the intersection of Elm Street, then easterly a distance of 331 feet.
And further amended by inserting under Article VI Section 7 (Bus Stop), the following:
Cross Street: School Buses only, South side, from the easterly intersection of Elm Street, then easterly a distance of 235 feet.
And further amended by inserting under Article VI, Section 9 (Service Zones), the following:
Central Street: south side 50 feet east of the eastern intersection of Pine Street, then easterly a distance of 54 feet
And further amended by striking from Article VI, Section 3 (One Hour Parking), the following:
Central Street: south side between Pine Street and Maple Street.
south side easterly from Chestnut Street a distance of 95 feet, angular parking only.~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
north side from Green Street westerly to Woodland Avenue
north side from intersection of Park~Street to intersection of Lakewood Terrace.
And further amended by striking from Article VI, Section 2 (No Parking) the following:
Central Street: north side, 110 feet from Green Street westerly.
north side between Pine Street and Cottage Street.
south side from Maple Street easterly for a distance of 100 feet.
south side from Maple Street easterly for 33 feet to handicapped p parking;~ from handicapped parking to School~Street.
north side from Lakewood Terrace westerly to Park~Street.
And further amended by inserting under Article VI, Section 2, (No Parking) the following:
Central Street: south side from the easterly intersection of School Street, then easterly a distance of 183 feet.
south Side from the eastern intersection of Maple Street then easterly a distance of 375 feet.
north Side from the westerly intersection of Woodland Avenue distance of 168 feet.
north side from a point 228 feet west of the westerly intersection of Woodland Avenue, then westerly a distance of 495 feet.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ north Side from pole 12,~westerly a distance of 45 feet.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ north side from a point 85 feet west from pole 12, westerly to the intersection of Park Street.
And further amended by inserting under Article VII, Section 1 (One Way Streets), the following:
Vernon Street: northerly from Central Street to Park Street.
Osgood Street: southerly from Park Street to Richmond Street
And further amended by adding Article VI, Section 14 (Drop off Zone Only During School Hours), the following:
Cross Street: south side from a point 235 feet east of the intersection of Elm Street, then easterly a distance of 96 feet (four spaces)
In City Council – September 8, 2009
Ordered Printed – September 8, 2009
First Printing – September 11, 2009
Ordinance Passed – September 21, 2009
Presented to Mayor for Approval – September 22, 2009
Approved – September 22, 2009
MARK P. HAWKE, Mayor
#8246
On a motion by Councillor R. Cormier, seconded by Councillor Dembrosky, it was voted on a voice vote (Councillor Robinson absent) to send the following Ordinance to First Printing:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
THAT AN ORDINANCE ESTABLISHING THE YEARLY SALARY OF THE MAYOR AS THEREAFTER AMENDED AND CONSOLIDATED WITH THE SEVERAL ORDINANCES ESTABLISHING YEARLY SALARIES FOR VARIOUS POSITIONS BE FURTHER AMENDED BY ADDING TO SECTION 2, THE FOLLOWING:
CIVIL CODE ENFORCEMENT HEARINGS OFFICER (G.L. c.148A, §5) |
$2,500.00 |
CLERK OF THE COUNCIL (G.L. c.41, §19F) |
$3,500.00 |
REGISTRARS OF VOTERS: |
|
Clerk (G.L. c.41, §19G) |
$50.00 PER THOUSAND REGISTERED VOTERS OR MAJOR FRACTION THEREOF |
RETIREMENT BOARD: |
|
Member ((G.L. c.32, §20(6A)) |
$3,000.00 |
City Auditor (Ex-officio) (G.L. c.32, §20(6A)) |
$3,000.00 |
City Treasurer |
300.00 |
APPLICATIONS, PETITIONS, REMONSTRANCES, ETC.
#8247
On a motion by Councillor R. Cormier, seconded by Councillor Dembrosky, it was voted on voice vote, Councillors Boudreau and J. Cormier opposed, one (1) absent (Councillor Robinson) to adopt the following:
“To accept the provisions of Section 19F of Chapter 41 of the General Laws - Additional compensation for serving as clerk of the city council.”
The foregoing was laid before the Mayor on the 22nd day of September, 2009, and after ten days it had the “force of the law” as prescribed under Section 30 of the Charter of the City of Gardner, as it was not returned with objections within that time.
#8248
On a motion by Councillor R. Cormier, seconded by Councillor Anderson, it was voted on roll call, ten (10) yeas, and one (1) absent (Councillor Robinson) to adopt the following Order of Taking:
ORDER OF TAKING FOR PERMANENT AND TEMPORARY EASEMENTS
BY THE CITY OF GARDNER BY AND THROUGH ITS CITY COUNCIL
FOR TRAVERS STREET BRIDGE REPLACEMENT
In City Council 21st day of September, 2009
RESOLVED:
Whereas, in the opinion of the Mayor and City Council of the City of Gardner, the Public convenience and necessity of the inhabitants of the City require that the following Parcels of land be taken as Permanent Easements and/or Temporary Construction Easements from certain owners of record of land abutting Travers Street in said City of Gardner, Massachusetts, as the same are more particularly described hereinafter, and whereas it is the intention of the Mayor and City Council to take said Easements by right of eminent domain as set for in the order hereto annexed, it is therefore:
ORDERED:
That by virtue of the authority conferred by Chapter 79 and every other power and authority thereto enabling, the City of Gardner, acting by its City Council, hereby takes in the name and on behalf of the City of Gardner as Permanent Easements the Parcels identified as1-T-1 through 1-T-6 and as Temporary Construction Easements the Parcels identified as 1-TE-1 through 1-TE-7 on “Exhibit A” attached hereto, and as shown on a plan entitled “Plan of Land, City of Gardner, Worcester County, for Highway purposes.” Plan Date: November 14, 2008, SCALE: 1” = 20’ prepared by Tutela Engineering Associates, to be recorded, Plan book____Page___, herewith and made a part of this taking and a copy to be filed in the office of the Survey Department, Gardner
Massachusetts. The above referenced Temporary Construction Easements shall revert to the owners of record upon completion of construction or after 3 years, whichever is less.
And we have considered and estimated the damages in their several estates and hereby determine and award the same and to be paid to all persons who have not waived damages in the amount of (see “EXHIBIT B” attached hereto).
Presented to Mayor for Approval – September 22, 2009
Approved – September 22, 2009
MARK P. HAWKE, Mayor
#8249
On a motion by Councillor Jaillet, seconded by Councillor Ares, it was voted on a voice vote (Councillor Robinson absent) to grant Mark J. Russell, d/b/a Marco’s Motorsports, 412 Main Street, Gardner, MA a License to Buy, Sell, Exchange or Assemble Second Hand Motor Vehicles or Parts Thereof, with Restrictions attached thereto. License to expire on January 1, 2010.
UNFINISHED BUSINESS
#8147
There being no objections, the Planning Board was granted more time to report on “Amending Zoning Ordinance – Political Signs” (Referred to the Planning Board for Recommendation, 9/8/2009)
#8171
There being no objections, the City Solicitor was granted more time to prepare home rule legislation “Exempting Certain Positions from Civil Service”.
NEW BUSINESS
On a motion by Councillor J. Cormier, seconded by Councillor Anderson, it was voted on a voice vote (Councillor Robinson absent) to consider new business.
On a motion by Councillor J. Cormier, seconded by Councillor Anderson, it was voted (Councillor Robinson absent) to adjourn at 8:30 o’clock p.m. after recitation of the Closing Prayer.
Accepted by the City Council: 10/5/2009
Date
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